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TABELLIUS
Published by Universitas Islam Sultan Agung
ISSN : 29886201     EISSN : 29886201     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
TABELLIUS: Journal of Law is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. TABELLIUS: Journal of Law published in four (4) times a year they are in March, June, September and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements / agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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Search results for , issue "Vol 1, No 3 (2023): September 2023" : 30 Documents clear
The Effectiveness of Digitizing Land Services to Prevent Land Mafia Artha, Yophinadiyyul Fauqalida; Tri Bawono, Bambang
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to analyze: 1) Implementation of digitization of land services. 2) Effectiveness of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). Implementation of digitization of land services is carried out through the website www.bpn.go.id. Currently the ATR/BPN Ministry has implemented four digital land services, including Electronic Mortgage Rights (HT-El), certificate checking, Land Registration Certificate (SKPT), and Land Value Zone information. There are two electronic services that will be added by the ATR/BPN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at BPN Ngawi, apart from the website www.bpn.go.id, is also carried out through the Touch Tanahku application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the ATR/BPN ministry. Keywords: Digitalization; Land; Mafia; Registration.
Responsibilities and Legal Protection for Substitute Notaries for Authentic Deeds They Have Made Yansyah, Dedi; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A Substitute Notary is someone who is temporarily appointed as a Notary to replace a Notary who is on leave, sick, or temporarily unable to carry out his or her position as a Notary with the aim of ensuring that there is no vacancy in carrying out the duties of the Notary. This research aims to 1) Find out and analyze the Responsibility and Protection for Substitute Notaries for authentic deeds they have made and 2) Find out and analyze the legal consequences for the responsibilities and protection for Substitute Notaries who have issued authentic deeds. This research approach uses a Nomative Juridical approach with the research specifications in writing this thesis being analytical descriptive, especially in terms of responsibility and legal protection for Substitute Notaries for the authentic deeds they make. The type of research is qualitative and the data source comes from primary data and secondary data. The conclusions in this research show that in accordance with Article 65 of the Notary Position Law, a Substitute Notary is responsible for the formal form of the Authentic Deed. The responsibilities of a Substitute Notary can be divided into two, namely, responsibilities while still serving as a Notary and responsibilities when no longer serving as a Notary. Legal Protection for Substitute Notaries according to Article 66 of the Notary Position Law, namely through the Honorary Council of Notaries, the Rights and Obligations of Denial, Attaching Letters, Documents and fingerprints to the Deed Minutes, Organization of the Indonesian Notary Association, Supervision of the implementation of the Notary's code of ethics. The legal consequences for the responsibilities and legal protection of a Substitute Notary can be divided into three: (1) civil legal consequences, namely compensation for losses; (2) Administrative legal consequences, namely verbal warning, written warning, temporary dismissal, honorable dismissal and dishonorable dismissal; (3) criminal legal consequences, a Substitute Notary can be punished if he violates the provisions regarding falsification of an authentic deed, provides false information in an Authentic Deed and reveals secrets which he is obliged to keep because of his position. Keywords: Authentic; protection; Responsibility; Substitute.
The Urgency of the Principle of Balance in Consumer Protection in Land Buying and Selling Iqbal, Dzaka Imtiyaz
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land has an important function in human life, therefore the law is tasked with providing legal protection and legal certainty for land buyers. Land that is in dispute often creates problems for land buyers who have minimal information about the status of the existing land. So in reality the practice of buying and selling land often ignores existing consumer protection. Therefore, the aim of writing this article is to discuss the urgency of balancing values in consumer protection when buying and selling land. This writing uses sociological juridical methods. Based on the research conducted, data was found in the form of phe protection for buyers who have made payments in the sale and purchase of problematic land is not yet balanced, this is due to the legal culture of sellers who are often dishonest regarding the status of the land, and the existence of third parties related to the seller who also claim rights to a land contribute to the loss of the buyer. The development of efforts through the judiciary is quite long and expensive. ConsequenceThe lack of guaranteed legal certainty and legal protection for problematic land buyers will ultimately harm the principles of legal objectives according to Islam and at the same time the mandate of Pancasila and the 1945 Constitution of the Republic of Indonesia. This will certainly violate social balance for all Indonesian people. Keywords: Buying; Protection; Selling; Value.
Implementation of the Division of Joint Assets Based on a Notarial Deed Due to Divorce Salsabila, Amalia Rifdah
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to find out and analyze the implementation of knowing and analyzing the implementation of the distribution of joint assets based on notarial assets resulting from divorce and the basis of the judge's consideration in deciding cases regarding the distribution of joint assets due to divorce as well as analyzing the relationship between the notary's deed and the judge's decision which has decided on the division of joint assets due to divorce. In researching and preparing this thesis, the author used normative juridical research methods. The Normative Judicial Approach is research that refers to existing literature studies or secondary data. Meanwhile, Normative is Legal Research which aims to obtain Normative Knowledge about the Relationship between one Regulation and another Regulation and its Application in Practice. The type of data used secondary types, namely data obtained from or originating from library materials, secondary data collected in this research includes primary legal materials, secondary legal materials and tertiary legal materials. There are no similarities or differences between the distribution of joint property determined by a Notary and the Religious Court Judge's Decision, but rather similarities, because the deed made by the notary has definite legal force and the deed used as evidence is an authentic deed, which provides evidence that perfect regarding what is contained therein. Because the court makes a reference or basis for making decisions so that disputes or problems do not occur in the future. Keywords: Collective; Courts; Notaries; Religious; Rights.
Legal Consequences of Notarial Deeds Regarding Negligence in Typing Errors in Notarial Deeds Mu’alimah, Nurul; Alia Maerani, Ira
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notaries must be guided by divine values, human values, justice values, ethical values (adab), unity values, people's values, deliberative values, national values, and other values that are upheld by the Indonesian people. The public places great trust in Notaries. However, Notaries are ordinary people who can make mistakes. One of the errors that can occur is a typo in the Notary's deed. Mistakes and negligence made by the Notary when carrying out his duties can have an impact on the deed he makes. The purpose of this research is to find out: 1) The legal consequences of a deed that has typographical errors in the deed made by the Notary. 2) Efforts taken if a typo occurs. 3) The Notary's responsibility in making the deed if a typographical error occurs. The approach method in this research is sociological juridical. The results of the research concluded: 1) The legal consequences if a Notary makes a typing error in his or her deed due to negligence or lack of care alone can result in civil and administrative sanctions. 2) Typical errors in notarial deeds can be substantive or non-substantive. A non-substantive typographical error means that the error does not cause a significant difference in meaning in the substance of the deed or even if there is a difference in the meaning of words, but in the context of the sentence it cannot be interpreted differently from what is actually intended, including errors in spelling. 3) Article 51 UUJN gives the Notary the authority to correct written errors or typographical errors contained in the Minutes of the signed deed. Keywords: Deed; Error; Notarial; Typing.
Responsibilities And Werda Notary's Legal Protection for Deeds He Made While Still Serving as a Notary Al Majid, Muchammad Bachtiar; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Responsibility and legal protection in the UUJN only regulates "notaries who are still in office", not "notaries whose term of office has ended". This research aims to determine the responsibilities of retired notaries regarding deeds made while still in office and their form. legal protection for retired notaries for deeds made while still in office. The research method in this study uses a normative juridical approach, research specifications use descriptive analysis, data sources and data collection techniques use secondary data taken through literature study and data analysis uses qualitative analysis. The results of the research show that a retired notary remains responsible for deeds made while still in office until he dies. Meanwhile, the form of legal protection for retired Notaries is contained in the Memorandum of Understanding between the Indonesian National Police and INI number: 01/MOU/PPINI/V/2006 and in Article 66 UUJN. This article means that legal protection applies to notaries who are still serving and those who have retired. Because the responsibility of a notary is lifelong, the legal protection for notaries in Article 66 UUJN also applies until the notary dies. Keywords: Notary; Protection; Responsibility; Werda.
Juridical Review of the Effectiveness of Implementing Internships for Extraordinary Members to Produce Professional Notaries Oktavianto, Heri; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Carrying out internships for Notaries is very important, this is to improve the skills of notary candidates, however in reality the awareness of Notary candidates has not been carried out effectively, this is due to the practicism of Notary candidates who want to start practicing freshly so it is not uncommon for internships to be carried out not on time determined by existing regulations. The method in this writing is analytical descriptive. Based on the study carried out, it can be understood that the effectiveness of implementing internships for Extraordinary Members in producing professional notaries in Semarang City is currently not being able to be realized well, this is shown by the majority of Extraordinary Members who have a statement letter that they have done an internship but in reality have not done so. The internship position for Extraordinary Members to become Notaries based on Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of Notaries is very important, this is in accordance with Article 2 of the Indonesian Notary Association Regulation Number: 24/Perkum/Ini/ 2021 About Internships. Keywords: Effectiveness; Internship; Juridical; Notary.
The Juridical Analysis of the Process of Applying for Expired Building Use Rights in the Concept of Legal Certainty Kusumabrata, Dhandy Armanda; Bawono, Bambang Tri
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to find out and analyze the legal status of a deed of sale and purchase of building use rights as a condition for extending the term of building use rights that have expired. The approach method in this research is the approach to Legislative Regulations. The research specifications are analytical descriptive, the data required includes secondary data taken using qualitative analysis methods. The data analysis method uses deductive logic based on research. It is concluded that the Sale and Purchase Agreement in the form of a Sale and Purchase Agreement (PPJB) made before a Notary is invalid because the seller does not have the right to carry out a PPJB on land that is already controlled by the State or in other words Building Use Rights. has expired, so the PPJB that was made is null and void by law. Keywords: Agreement; Building; Expired.
The Legal Position of Marriage Agreement Deeds Made by Notaries in Mixed Marriages Rahmawati, Januar; Peni Rinda Listyawati, Peni
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This research aims to determine and analyze the legal position of marriage agreement deeds made by notaries in mixed marriages. This legal act of mixed marriage will certainly give rise to legal consequences, namely that joint property will arise, and further problems will arise because foreign citizens cannot have property rights. For this reason, there is a law that regulates marriage agreements to provide legal protection for the parties. This research aims to determine the legal position of marriage agreement deeds made by notaries in mixed marriages and the legal consequences of marriage agreement deeds made by notaries in mixed marriages. To find out and analyze the position of marriage agreement deeds made by notaries in mixed marriages. The research method uses a sociological juridical approach, the type of research is qualitative, the data source uses primary data and secondary data, the data collection method for primary data is carried out by interviews, while secondary data uses library research, which is then analyzed descriptively qualitatively. The results of this research show that the legal position of marriage agreement deeds in mixed marriages is as a legal subject for Indonesian citizens and foreign citizens who have the same legal position, namely providing legal protection for the parties. According to the current law, the time for making a marriage agreement can be done before the marriage takes place, during the marriage or after the marriage takes place after the Constitutional Court decision number 69/PUU-Xlll/2015 and the marriage agreement executed by the parties before a notary binds the rights and obligations of the parties. The legal consequence of a marriage agreement deed made by a notary in mixed marriages is that they both have laws that bind the parties and provide legal certainty and protection for the parties. Keywords: Agreement; Marriage; Mixed.
Implementation of Notary Marking at State-Owned Commercial Banks as High Risk Customers in the Context of Preventing and Eradicating Money Laundering Crimes Permatarani, Andini Dyahlistia; Sugiharto, R.
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine and analyze the mechanisms and legal consequences of the implementation of notary marking at state-owned banks as high-risk customers in the context of preventing and eradicating money laundering crimes. The approach method in this research is sociological juridical. The research specification is analytical descriptive research. The data required includes field study data (field research) taken using the interview method and library research data. The data analysis method uses qualitative data analysis. Based on the research, it was concluded that the mechanism for marking notaries at BUMN Banks as high-risk customers is carried out in 3 (three) stages, namely customer on-boarding, on-going monitoring and post monitoring. Keywords: Bank; Customer; Laundering; Money.

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